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Form I-9: Refresher Training

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1 Form I-9: Refresher Training
CWD | June 2014 Welcome: My name is Bill Ganzenmuller and I will be leading you through this I-9 Refresher training. This class should take close to the full hour and half. I do not plan to take a break, but we may get up and stretch as some point if I see folks falling off there chairs. If you need to use the bathroom, just get up and go. The bathrooms are located right outside this door.

2 Today’s Agenda What’s an I-9
Harvard’s Process: New Hires, Re-Certification New Stuff PS Eligible Flag to Work Flag Electronic I-94 HSPH I-9 Processing Review the I-9 Types of Visas FNIF Changes Glacier Resources OK, here’s the agenda. We’ll cover What is an I-9? (that is about where I was before reading this PPT that Susan put together) Harvard’s process This includes new hires and the re-certification process. Review the I-9 Go over 3 sections of the form, Visas We will look at the 4 main types of Visas used here (J-1, HB-1, F-1, and TN) + Resident Aliens, then take a look at some examples, where you will have the chance to look at some I-9 & documentation samples to see if they are correct. Where to go for more information

3 I | Form I-9 Full Title: Form I-9, Employment Eligibility Verification
Purpose: completed by all newly hired employees in order to verify their identity and authorization to work in the United States. Affects: US Citizens and Non-US Citizens working in the US New Hires Rehires (non-US Citizens only) – any status change , such as from an H1-B Visa to Permanent Resident Issued By: Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) Harvard, like all US employers, must verify the identity and employment authorization of each newly hired person who is working in the United States, and must complete and retain a Form I-9. You will need to complete a new I-9 in the following situations: All New Hires All Re-Hires (even people rehired within the last 3 years, because Central Payroll retains the original forms) When a non-citizen’s Visa is going to, or has, expired Any time a non-citizen changes their status – for example, many times an employee with a Visa will become a permanent resident. Note: An employee who works for Harvard University who works entirely outside of the US does not complete an I-9. Note: Also, if Harvard does not pay the person, then an I-9 is not completed.

4 I | Who Completes this Form?
Section 1: Employee Any person to perform labor or services New employees hired after November 6, 1986 All Rehires (Harvard Process) Recertification Section 2: The Employer Examine and record document(s) provided Attestation We’ll be covering each section in more detail, but in general: Section 1, which the new hire fills out, is information like name, address, DoB, SSN, citizenship/immigration status, signature. Although technically, if you are rehired w/in 3 years a new I-9 is not needed, it is part of the Harvard Process since all I-9’s are sent to Central Payroll. Section 2, where the employee provides documentation: EITHER one item from “list A”, or one “list B” + one “list C”. You as the employer enter all the information about the doc (those docs) and make photocopies of the documentation. You also attest to examining the documents and finding them valid. Section 3, for recertification, is not used at Harvard (although people have been known to have EE’s fill out Sec 1 & 3 – this is not correct). This is because Section 3 is used when updating a completed, original I-9 for recertification, but Central Payroll holds onto all original I-9s. Instead, complete Sections 1 and 2 of a new I-9 when doing a re-certification. Section 3: Recertification (do not use) Harvard Process – do not use this section. For recertification, complete Sections 1 & 2 of a NEW I-9

5 II | Harvard Process

6 Completed I-9 to Central Payroll*
II | New Hires: On-boarding Process Offer Accepted Start Date Completed I-9 to Central Payroll* *ASAP! Central Payroll has a 24-hour turnaround time on correctly completed forms Job pushed to PS As soon as the employment offer is accepted, the I-9 can be completed. <CLICK> Point out that the 24-hr turnaround is only for forms that are completed correctly. Technically, Harvard has 3 business days from the employee’s first day of work to have a completed I-9, however the sooner the form is sent to Central Payroll, the better, since as you are aware there are lots of other processes that are kicked off after Payroll has added to PeopleSoft. 1-2 days ID Card Tub’s Directory Contact HR/Fin Authorized Requestor Phone Applications

7 II | Payroll & the I-9 Payroll Process (24-hours)
Reviews the I-9 and supporting documentation Adds SSN (or dummy SSN) to the I-9 table and checks “Eligible to work in US” Remember Those Payroll Calendar Deadlines As I mentioned earlier, the key to getting an new hire setup in PS is getting the I-9 form over to Central Payroll. When they receive the form, the will add the persons SSN and click the eligible to work flag. (For Quick Hire forms – at this point, the form can be submitted to the database) What if the employee does not have an SSN? Log a ticket with the Payroll Helpdesk (5-3001) Provide the employee’s name, date of birth, and HUID (if applicable) Central Payroll will research the information and get back to you within 24-hours If the dummy SSN is for a student, they will provide the number to SRO so they can enter it into SIS – you will then need to wait a day before you can process your form If the dummy SSN is being used for a paid-position, a valid SSN will need to be supplied to Central Payroll by ??? When you receive the “dummy” I-9 from CP, write the number in the margin of the form, do not write it in the I-9 space provided. <click> Here is another image, also stolen from the Hiring Actions Lab, this time highlighting the 2-week pay period. Remember, The last possible day that a new hire’s form can be submitted to the PS database and ensure that the employee will get paid is the Monday prior to the Tuesday pay calculation. Example: Let’s say you hire a biweekly employee with a hire date of Thursday the 13th (using image above). To ensure the employee gets paid, you must get the new hire submitted to the PeopleSoft database by Monday the 24th (the day before the pay calculation for the biweekly payroll). Central Payroll would have had to received the I-9 for this employee by Thursday the 20th. They would have added it to the table on the 21st and that would allow you to submit by the 24th. For forms that you cannot submit yourself, like the HIRES rehire, add concurrent, and Consolidated Hire form, Central Payroll requires a three-day turnaround. So in keeping with the example above, you would need to send the hiring form, I-9, and other paperwork to Central Payroll so they received it by the 19th to ensure the hire was setup in PeopleSoft by the 24th. Biweekly pay period Payroll calculation NO SUBMITTING Last day you can submit to PS Check Date

8 Harvard’s Process for Expired Visas
II | Expired Visas Harvard’s Process for Expired Visas Direct deposit is turned off, and physical checks are created Tub instructs the employee to stop working until he or she provides a new Form I-9 with supporting documentation You may work with the employee and the HIO – for example, for an H-1B extension Once the I-9 is received, Central Payroll re-establishes direct deposit. If the employee cannot recertify, he or she is given outstanding checks and removed from active payroll by their local department – they are no longer eligible to work. Here is the process for what happens when a visa has expired. Note it’s the local department that turns off the employee’s payroll if they are unable to recertify. There are also penalties – you can be held responsible Penalties for Hiring/Continuing to Employ Unauthorized Aliens Individuals can be held personally responsible Fines may be assessed per unauthorized alien First Offense $375 -$3,200 Second Offense $3,200 - $6,500 Third Offense $4,300 - $16,000

9 II | I-9 Re-Certification
MONTHLY: Run the Visa Expiration Report: Harvard Reports > Payroll Related > Visa Expiration Report This report returns all visas that either have expired or will expire in 180 days. Contact the employee to bring in updated documents. Complete a NEW Form I-9, sections 1 and 2. 4. Send the completed I-9 and document copies to Central Payroll Update HUID = Paygroup = POU NOTE: Person w/ 2 Visas – if a person has 2 Visa’s and only one has/will expire, the person will not show up on this report. NOTE: this does not apply to any employee hired before 1986 who is continuing employment Helpful to run this report to Excel so you can sort by Expiration Date (1) RUN the report (monthly) to identify ACTIVE employees who will be (or have) expired Visas ( runs + and – 180 days from the current sys date) PERMIT STATUS: Employees should file an application or petition well in advance of the visa expiration date IF the employees has filled an application for an extension of stay, he or she may continue employment for up to 240 days from the date the authorized period of stay expires (2) Contact the employee, who needs to provide the updated documents. You or you/the employee may often work with the Harvard International Office (HIO) in obtaining the necessary documentation. (3) Complete a brand-new I-9, and be sure to write “Update” on the top of the form, and include the HUID & Paygroup. Under certification in section 2, you still use the employee’s hire date. (4) Send copies of the documents as well as the new I-9 to Central Payroll before the expiration date. Payroll does several things – retain the copy of the form, work with the central tax group to update or ensure any special taxation circumstances, etc. The following documents cannot be re-verified: Alien Registration Receipt Card / Permanent Resident Card (Form I-551)-even though they may have an expiration date-, any List B expired document

10 II | Harvard International Office (HIO)
Working with the HIO Sponsorship Submittal Working through all necessary paperwork Extension Requests Example: submitting a Form I-129 –indicating a continuation of employment This slide is just to point out that you work closely with your contacts at the HIO in lots of different scenarios to make sure the correct documentation (ie, for sponsorships) is procured, for items such as: Recruiting & hiring, I-9 recertification process for extensions (eg, H-1B Visas – if an extension is filed, employment can continue while waiting for an answer, for up to 240 days)

11 II | Rehires in PeopleSoft
After an employee has been terminated and has had not active job for one year, the Eligible to Work in U.S. checkbox is automatically unchecked. As with all recertifications and rehires – the employee must complete a new I-9 form. This slide is just to point out that you work closely with your contacts at the HIO in lots of different scenarios to make sure the correct documentation (ie, for sponsorships) is procured, for items such as: Recruiting & hiring, I-9 recertification process for extensions (eg, H-1B Visas – if an extension is filed, employment can continue while waiting for an answer, for up to 240 days)

12 II | I-94 Electronic Form The I-94 Arrival / Departure form is now an electronic form for those travelers entering the port of Boston. Custom Officers no longer provide a paper form. For your visa holders presenting their original documentation for the I-9 Form, make sure they go to the government website: https://i94.cbp.dhs.gov/I94/request.html  and print the electronic copy of their I-94 form and provide that along with their other original documentation. You should continue to list the I-94 document in LIST A as you did when it was a paper form. This slide is just to point out that you work closely with your contacts at the HIO in lots of different scenarios to make sure the correct documentation (ie, for sponsorships) is procured, for items such as: Recruiting & hiring, I-9 recertification process for extensions (eg, H-1B Visas – if an extension is filed, employment can continue while waiting for an answer, for up to 240 days)

13 HSPH I-9 Processing HSPH I-9 Processing in WASABI The I-9 process is the same workflow as other Wasabi personnel actions: Departments prepare the Wasabi transaction Attach the completed I-9 form and documents as one .pdf file Approve and transmit the I-9 payroll action HR, OFA, or OFS reviews the I-9 and approves If not complete or correct, the action is “rejected” back to the department for correction and re-transmission. Reasons for rejection: Transposed SSN numbers, missing signature or start date, Out-of State address, updated I-9 does not include HUID and playgroup, etc. Transmission to Central Payroll: I-9 Form and documents will get transmitted twice a day to Central Payroll at 12pm & 4pm. Please allow 24 hours for I-9 to clear and be entered in Central. Once clear, HR Assistant notifies HR Partner to approve HIRE action (for staff) or Faculty Affairs will approve the Wasabi form (for academic appointees.)

14 HSPH I-9 Processing (cont’d)
General Reminders Temporary Social Security Numbers Please notify HR if you are updating an I-9 that previously had a temporary social security number. You can do this by: a.) putting it in the “Notes” section on the I-9 action form or b.) by writing it on the I-9. If you requested a temporary social security number and are updating the I-9 with the new number, you must submit a copy of the new social security card. Out-of-State Hires The address on the I-9 form must reflect a local Massachusetts address, with the exception of California, Rhode Island and New Hampshire. Please contact your HR Partner or Faculty Affairs with questions regarding Out-of-State Hiring. Entering Social Security Numbers Please double-check as you enter Social Security Numbers on the forms. The number entered on the I-9 form must match the number entered on the WASABI payroll action in order to prevent delays. Additional Resources: Personnel Section of the Wasabi Online Manual Wasabi Job Aid

15 III | Review the I-9

16 III | The I-9 Form

17 III | List A Documents - UNEXPIRED
US Passport or US Passport Card Foreign passport with Form I-94 or Form I-94A Employees with J-1 Visas (exchange visitors) and F-1 Visas (students) must provided additional documentation + Permanent Resident Card or Alien Registration Receipt Card (Form I-551) Employment Authorization Document (Card) that contains a photograph (Form I-766) Foreign passport that contains a temporary I-551 stamp or temporary I-551 printed notation on a machine-readable immigrant visa (MRIV) Here is a list of acceptable List A documents – they demonstrate both the EE’s Identity & employment authorization. Not everything needs to be re-verified, but all documents MUST be unexpired What Needs to be Re-Verfied: *Foreign Passport w/ I-551 stamp, OR Form I-94 or I-94A *TEMPORARY Residence Card (Form I-688), not pictured here *Employment Authorization Card (Form I-776 pictured, as well as I-688A, I-688B) Must NOT be Re-Verified: *US Passport (even if expired) *Permanent Resident Card, aka Green Card / Form I-151, I-551, Alien Registration Receipt Card, EVEN IF there is an expiration date, as long as the card is not expired when employment begins. More info on Form I-94: arrival/departure card that non-immigrants must fill out when they enter the country. The card is processed by immigration officials at the point of arrival. The foreign alien must present the same card when he or she departs the U.S. In addition to the person’s name, date of birth and country of citizenship, the form indicates (1) the person’s immigration classification (i.e., F-1, J-1, H1-B, etc.); (2) arrival date and location; and (3) how long the nonimmigrant is allowed to stay in the U.S. Arrival/Departure Report bearing the same name as the passport and containing an endorsement of the alien’s nonimmigrant status that authorizes such alien to work for a specific employer incident to this status.  This document may only be used if the period of endorsement has not yet expired and the proposed employment does not conflict with any restrictions or limitations listed on Form I-94 or I-94A, Arrival/Departure Report .  Note: Some individuals who present this List A document, such as certain nonimmigrant students and exchange visitors, must also present additional documentation in order to prove their work authorization in the United States. Passport from the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) with Form I-94 or Form I-94A  +

18 III | List B Documents (Identity Only)
Drivers License issued by State or outlying territory of the US Federal/State I.D. card School I.D. card Voters registration card If Under 18: School record/report card Clinic, hospital, doctor record Day care or nursery school record U.S. Military card/draft record Military Dependent ID Coast Guard Merchant mariner Card Native American Tribal Document Canadian driver’s license Here are the list of List B documents. Note that none of these documents are re-verified, but they all have to be unexpired. Also, if the employee is a permanent resident, although they must indicate this in Section 1 of the form and also list their Alien Registration #, they may chose to present a List B & C document instead of their green card.

19 III | List C Documents (Employment Authorization)
Social Security card, except for one that states that the person is not authorized to work Certification of Birth Abroad issued by the U.S. Department of State (Form FS-545) Certification of Report of Birth issued by the U.S. Department of State (Form DS-1350) Original or certified copy of a birth certificate issued by a state, county, municipal authority or outlying possession of the United States bearing an official seal Native American tribal document U.S. Citizen ID Card (Form I-197) Identification Card for Use of Resident Citizen in the United States (Form I-179) Employment authorization document issued by DHS, for example: Form I-94 issued to an asylee or work-authorized nonimmigrant (e.g., H-1B non-immigrants), Unexpired Reentry Permit (Form I-327), Certificate of U.S. Citizenship (Form N-560 or N-561). Note – you do not have to go into detail about these b/c the list is on the form itself. Here are the List C documents. Remember, this list is present as part of the instructions section of the I-9 form itself. BTW: If a social security card is presented, it must be unrestricted – meaning, some cards have “not valid for employment” or “valid for DHS” or “valid for USCIS” written on them – these types of cards cannot be used as a List C documents. What must be Re-Certified *Any employment authorization document issued by the Dept Homeland Sec / Immigration Services that is time-limited and not a List A document What is NOT Re-Certified *SSN Card *Certificate of Birth Abroad *Birth Certificate *Native American Tribal Doc *US Citizen ID Card *ID Card for resident citizen in US (Form I-197)

20 III | FAQ’s Question Answer
May I specify which documents I will accept for verification? May I accept expired documents? May I accept Social Security Administration printouts that contain the employee’s name, SSN, Date or Birth, and parent’s names instead of a Social Security Card? May I accept a Social Security card marked “NOT VALID FOR EMPLOYMENT” when the employee states that he or she is now authorized to work? May I accept a photocopy or fax of a document presented by an employee? NO You must accept any document (list A) or combination (list B + list C) NO Exceptions: Expired Employment Authorization Documents (I- 766) and Permanent Resident Cards (I-551) that appear to be expired on their face but have been extended by the USCIS NO Only a person’s official Social Security card or receipt for a replacement card issued by SSA is acceptable After each question, <Click> to reveal the answer. Second Q, example – Temporary Protected Status (TPS) beneficiaries whose EAD’s appear to be expired may be auto-extended in a Federal Register Notice Fourth Q, more info: This employee should also go to the local SSA office with proof of his or her l awful employment status to be issued a card without employment restrictions. NO The employee must provide another document to establish his or her authorization. NO Original documents must be included, except for a certified copy of a birth certificate.

21 III | Section 3 Section 3 is NOT Completed
Central Payroll retains all original I-9 forms For Recertification Use a new Form I-9 Include on top of the form: Update HUID Paygroup Complete Sections 1 & 2 Send form and copies of the documentation to Central Payroll Just need to reiterate in this section that Section 3 is not completed in Harvard and what the process is.

22 IV | Types of Visas In this next section we will be reviewing the different types of Visas and the documentation required. Perm residents are also part of this section. We’ll take a look at each Visa type, and then you will get a chance to look at a sample I-9, the document provided, and determine if it is correctly filled out or not.

23 Permanent Resident (No Visa)
IV | Who Has What Visa? J-1 Visa: Specialists, scholars, government visitor, students H-1B Visa: “Specialty Occupation” such as scientists, engineers F-1 & M-1 Visa: Students TN Visa: Residents of Canada or Mexico (part of NAFTA) In this next section we will be reviewing the different types of Visas and the documentation required. Perm residents are also part of this section. We’ll take a look at each Visa type, and then you will get a chance to look at a sample I-9, the document provided, and determine if it is correctly filled out or not. GREEN CARD ||||||| ||| ||||| Permanent Resident (No Visa)

24 Required Documents (Either/OR)
IV | Lawful Permanent Residents GREEN CARD ||||||| ||| ||||| Who? Someone who is lawfully admitted to the United States to live and work permanently. Also known as a green card holder. I-9 is not recertified. Section 1 Checkbox USCIS # = Alien # Check the third box  Alien / USCIS # Do not have to show the permanent resident card (green card) (I-551) check “lawful permanent resident” in Section 1 Alien # = the number on the Alien Registration Card Can present EITHER a valid I-551 (perm resident card/green card) OR Present a List B/List C document (eg, driver’s license & unrestricted SSN Card) Lawful perm res AND conditional residents may be issued temporary I-551 docs. They are acceptable on the I-9 as follows: As a LIST C DOC: Expired perm res card + Form I-797 Notice of Action that indicates the card is valid for another year. Reverification will be needed at the end of the one-year period. Foreign Passport + a temporary I-551 stamp or I-551 printed notification on a machine-readable immigrant visa (MRIV), you must reverify when the stamp/MRIV expires As a LIST A DOC: arrival portion of Form I-94/I-94A containing an unexpired temporary I-55 stamp and photograph. Perm Res Card MUST be presented no later than when the stamp expires Required Documents (Either/OR) Permanent Residence Card OR List B Document (ex. Driver’s License) List C Document (ex. SSN Card)

25 IV | Sample I-9: Permanent Resident
STUFF TO POINT OUT: Section 1: Third box checked, Alien # added, notice there’s NO DATE Section 1: empl signature, date Section 2: EE decided to use driver’s license & SSN Card. They did not have to show the perm res card Section 2: Certification Date (=hire date) Section 2: Signature section completed

26 Required Documents (Must present ALL, under Type A)
IV | J-1 Visa – Exchange Visitors and Students Who? An alien who is authorized to work for a specific program, such as government visitor, research scholar, professor, student (associate through doctoral) If extended on a J-1, must get a new 2019 form. Section 1 Checkbox Check the fourth box I-94/I-94A Admission # I-94/I-94A Expiration (departure, D/S) date Provides passport data used to enter U.S. DS – 2019 Form WHO: exchange visitors, international students. Exchange Visitor programs include: Specialist, short-term scholar, government visitor, student (associate degree student to Doctoral student) Section 1: Fill out as: “an alien authorized to work until MM/DD/YYYY” Alien or Admission Number: 11-digit I-94 Date: date from the I-94 What do they need to present (all must be under LIST A): Unexpired foreign passport number, issueing authority, passport expriation date 11-digit Form I-94/I-94A number & expiration date (duration of status, indicated as D/S) Form DS-2019 number (SEVIS number) and expiration date of employment authorization listed on the form Students must also present a letter from an official program sponser Required Documents (Must present ALL, under Type A) Unexpired foreign passport I-94 or I-94A indicating J-1 status Form DS-2019 with SEVIS* number and end date of employment authorization (optional, students only) letter from official program sponsor *SEVIS = International Student & Exchange Visitor Program

27 IV | Sample I-9: J-1 Visa STUFF TO POINT OUT:
Section 1: Fourth box checked, Admission #, Expiration Date added Section 1: empl signature, date Section 2:List A – notice lots of infomration crammed in here – try to be as clear as possible Passport Form I-94 DS-2019 Section 2: Certification Date (=hire date) Section 2: Signature section completed

28 Required Documents (Present All under Type A)
IV | F-1 Nonimmigrant Student Visa F-1 Visa Holders = foreign students pursuing academic studies On-campus employment 20 hours / week maximum Curricular Practical Training Off-Campus Employment (if affiliated with Harvard, such as a laboratory) Section 1 Checkbox Check the fourth box I-94/I-94A Admission # I-94/I-94A Expiration (departure, D/S) date Provides passport data used to enter U.S. F-1’s can present EITHER I-20, OR, if “OPT,” an EAD Card (Employment Authorization Document) – we will talk about OPT’s in a minute. The Student Exchange Visitor Program (SEVIP) at has more info on on-campus employment guidelines, but generally *limited to 20-hours a week * must be performed on school’s premisis OR off-campus location that is educationally affiliated with the school *commercial firms can be used but ONLY if it provides direct student services – such as an on-campus bookstore, OR off-campus lab affiliated with the university WHO: F-1 = Foreign students pursuing academic studies and/or language training programs For What Type of Employment? On-campus employment Curricular practical training Off-Campus employment (due to severe economic hardship) Employment sponsored by an international org Optional Practical Training (OPT) Section 1: Fill out as: “an alien authorized to work until MM/DD/YYYY” Alien or Admission Number: 11-digit I-94 Date: date from the I-94 What do they need to present (all must be under LIST A): Unexpired foreign passport number, issuing authority, passport expiration date Valid Form I-94 / I-94A indicating F-1 nonimmigrant status Form I-20 with designated school official’s endorsement for employment on page 3 I-20 Required Documents (Present All under Type A) Unexpired foreign passport I-94 or I-94A indicating F-1 status Form I-20 with school’s official endorsement OPT only: EAD Card

29 IV | Sample I-9: F-1 Visa STUFF TO POINT OUT:
Section 1: Fourth box checked, Admission #, Expiration Date added Section 1: empl signature, date Section 2:List A – notice lots of information crammed in here – try to be as clear as possible Passport Form I-94 Form I-20 Section 2: Certification Date (=hire date) Section 2: Signature section completed

30 IV | OPT (Optional Practical Training) for F-1 Visas
What: Provides practical experience to an F-1 student’s area of study. Hours: 20 hours/week when school is in session & 40hrs/week when not Duration: up to 12-months of OPT upon completion of degree program. Extensions may be possible STEM extension of 17 months of additional employment if they have a job or job offer from an E-Verify employer and meet all the required criteria. Restrictions: OPT cannot begin until USCIS has granted the application for employment authorization (Form I-766) Section 1 Checkbox Check the fourth box EAD # EAD Expiration Date WHO: Provides practical experience to an F-1 academic student’s area of study. 20 hours/week when school is in session & 40hrs/week when not USCIS may authorize an F-1 academic student to have up to 12-months of OPT upon completion of his or her degree program. Some may be eligible for an extension Student cannot begin OPT until USCIS has granted his or her application for employment authorization (Employment Authorization Document (Form I-766)) School must update the I-20 to indicate the student is recommended OPT and when employment can being Section 1: Fill out as: “an alien authorized to work until MM/DD/YYYY” Alien or Admission Number: 11-digit I-94 Date: date from the I-94 What do they need to present EAD Card (Employment Authorization Document), AKA Form I-766) I-766 (EAD Card) Required Document EAD (Employee Authorization Document) Card

31 IV | Sample I-9: F-1 Visa, OPT
STUFF TO POINT OUT: Section 1: Third box checked, Alien # added, notice there’s NO DATE Section 1: empl signature, date Section 2: EAD information Section 2: Certification Date (=hire date) Section 2: Signature section completed

32 IV | H-1B Visas – Specialty Occupation
Who: = foreign worker in a specialty occupation that requires theoretical or technical expertise in a certain field. Ex: scientists, engineers, computer programmers. Sponsored by Harvard University. Extension (work with the HIO): I-129 must be filed by Harvard before the H-1B expires. The employee can still work up to 240 days while petition is being filed. Section 1 Checkbox Check the fourth box I-94/I-94A Admission # I-94/I-94A Expiration (departure, D/S) date Provides passport data used to enter U.S. WHO: a foreign worker in specialty occupations that require theoretical or technical expertise in a certain field, such as scientists, engineers, or computer programmers. And, also fashion models (?) . Srlsy! Specific eligibility criteria can be found on the USCIS Website: Home > Working in the United States > Temporary Workers > H-1B Specialty Occupations and Fashion Models The Employer submits Form I-129 Petition for a Nonimmigrant Worker and include an approved Form ETA 9035, Labor Certification Application. When Approved, you will receive Form I-797, Notice of Approval, from USCIS that indicates the employee is now in H-1B Status Extensions: the employer must submit an I-129 petition seeking an extension of stay before the H-1B expires. Once you receive the decision from the USCIS, a new I-9 must be submitted. EE can still work for up to 240 while petition is being filed, until decision is reached OR 240-period is over (whichever comes first). Section 1: Fill out as: “an alien authorized to work until MM/DD/YYYY” Alien or Admission Number: 11-digit I-94 Date: date from the I-94 What do they need to present (all must be under LIST A): Unexpired foreign passport number, issueing authority, passport expriation date I-797 Form 11-digit Form I-94/I-94A number & expiration date – under document # write H-1B / I-94 I-797 Required Documents Unexpired foreign passport I-94 or I-94A indicating H-1B status I-797 Form - Notice of Approval

33 IV | Sample I-9: H-1B Visa STUFF TO POINT OUT:
Section 1: Third box checked, Alien # added, notice there’s NO DATE Section 1: empl signature, date Section 2: notice lots of information crammed in here – try to be as clear as possible. Passport Form I-94 What’s NOT here? The I-797. It must be included as part of the documentation. Section 2: Certification Date (=hire date) Section 2: Signature section completed

34 V. GLACIER GLACIER is a secure online tax compliance system that allows the foreign individual to enter in their personal information and automatically calculates their U.S. tax residency status. If they are determined to be a nonresident for tax purposes, it will then: Determine the proper withholding rate for various types of income, and Determine whether a tax treaty would apply to exempt any of the income from withholding.

35 V. GLACIER – Happening this Fall
GLACIER is a secure online tax compliance system that allows the foreign individual to enter in their personal information and automatically calculates their U.S. tax residency status. If they are determined to be a nonresident for tax purposes, it will then: Determine the proper withholding rate for various types of income, and Determine whether a tax treaty would apply to exempt any of the income from withholding.

36 V. GLACIER - Benefits Consistent treatment of payments to all foreign individuals at Harvard because GLACIER will be automatically determine tax treatment instead of manually through the FNIF form. Risk reduction due to the fact that the individual is responsible for entering and maintaining their own personal record in relation to IRS requirements. Create a uniform process for setting up payments to foreign individuals ensuring accuracy of withholding and treaty rates.

37 V. GLACIER - Process Individual’s name, address, and payment frequency is submitted to GLACIER. This can be done by an administer manually entering or uploading the information, or by an automatic data feed. GLACIER sends out an to the individual to invite them to complete the program and includes login and password instructions. Individual is responsible for logging into GLACIER, completing the program, printing the Tax Summary and providing the Forms to the NRA Tax Group. NRA Group uses the Tax Summary to update the individual’s record and withholding rates.

38 Resources Find the links to several helpful websites in Eureka: (http:/eureka.harvard.edu) The I-9 Process USCIS I-9 Central Student and Exchange Visitor Program (SEVP) Handbook for Employees: Instructions for Completing Form I-9 Harvard International Office/Immigration Central Payroll Contact Information: , option 4 Handbook for Employers: Instructions for Completing Form I-9 For On-Campus Employment Questions: Student and Exchange Visitor Program (SEVP) USCIS I-9 Central OR > I-9 Central* *I-9 Central is located in the top-left column of the page Harvard International Office Central Payroll NEED CONTACT INFO Both the handbook and the website are well-organized, detailed, and clearly written – you can get a lot of information

39 Questions?????


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